Central Administrative Tribunal - Delhi
Jaiveer Singh vs M/O Agriculture on 16 April, 2026
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Item No. 32 O.A. No. 3219/2015
Court No. V
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3219/2015
Reserved on :- 19.03.2026
Pronounced on:- 16.04.2026
Hon'ble Dr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
1. Dr. Jaiveer Singh,
S/o Shri Mahaveer Singh,
R/o H. No. 185, 2nd Floor,
Surya Niketan, Delhi - 110 092;
Presently posted as Senior Marketing Officer
Sub-Office, Dehradun.
2. Mr. Satvir Singh Saghu,
S/o Shri Karnail Singh,
R/o H.No. 9801, St. No.7,
Haibowal Kalan, Ludhiana (Punjab);
Presently posted as Senior Marketing Officer
Sub-Office, Dehradun.
3. Mr. Sanjay Mehra,
S/o Shri Shiv Raj Mehra,
R/o 253, Avtar Avenue,
B/s Power Colony, Majitha Road, Amritsar
Presently posted as Senior Marketing Officer
Jammu.
4. Dr. Virender Singh Yadav
S/o Shri Charan Singh Yadav,
R/o 3/152, Sector- 2, Rajender Nagar,
Sahibabad, Ghaziabad (U.P.)
Presently posted as Marketing Officer
Head Office, Faridabad.
5. Mr. Gaurav Vishnu,
S/o Late Shri Shiam Vishnu
R/o C-5, MIG Flats, Near Telephone Exchange,
University Road, Aligarh-202001 (UP)
SHILPI GUPTA Presently posted as Senior Marketing Officer
SHILPI GUPTA 2026.04.18 Head Office Faridabad.
15:11:59+05'30'
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Item No. 32 O.A. No. 3219/2015
Court No. V
6. Mr. Anuj Kumar Upadhyay
S/o Shri Vijay Shankar Upadhyay
R/o 19/232, Adarsh Nagar, Avas Vikas,
Agra Road, Aligarh-202001 (UP)
Presently posted as Senior Marketing Officer,
Head Office, Faridabad.
7. Mr. Ramesh Chandra Meena
S/o Shri Amba Lal Meena
R/o Village & Post Khurra,
Tehsil Lalsot, Distt. Dausa,
Rajasthan - 303504
Presently posted as Senior Marketing Officer,
Regional Office, Chandigarh.
8. Mr. Achchey Lal Maurya
S/o. Shri Ramfer Maurya
R/o H. No. 1183, Old Central Govt. Colony,
Faridabad-121001 (Haryana)
Presently posted as Sr. Marketing Officer,
Head Office, Faridabad.
9. Dr. Anil Kumar Gehlot
S/o Late Shri Mool Chand Gehlot
R/o. H. No. 1184, Type-IV, Old Central Govt. Colony,
Faridabad-121001 (Haryana)
Presently posted as Sr. Marketing Officer,
Head Office, Faridabad.
10. Dr. Saiyed Iqbal Husain
S/o Late Shri S. Ahmed Husain
R/o House No. 280, Mohalla Ghatia Azmat Ali,
Etawah-206001 (UP)
Presently posted as Sr. Marketing Officer,
Head Office, Faridabad.
11. Mr. Haricharan Mehto
S/o Shri P. Mehto,
R/o DDA Flat No. 321, Sector-34,
Pocket-1, Narela, Delhi
Presently posted as Marketing Officer,
Head Office, Faridabad.
12. Mr. Madhur Prakash Verma
SHILPI GUPTA S/o Shri Radhey Shyam Verma
SHILPI GUPTA 2026.04.18 R/o Plot No.4, Chitrakoot Colony,
15:11:59+05'30'
Airport Circle, Sanganer, Jaipur (Rajasthan)
Presently posted as Marketing Officer,
Head Office, Faridabad.
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Item No. 32 O.A. No. 3219/2015
Court No. V
13. Mr. Ajay Kumar Gupta,
S/o Shri Amat Nath Gupta,
R/o Quarter No. 985, Type-IV,
Old Central Govt. Colony, NH-IV, Faridabad-121001
Presently posted as Sr. Marketing Officer,
Head Office, Faridabad.
14. Mr. Sanjay Kumar Koul
S/o Shri Bansi Lal Koul
R/o H. No. 37/1, Tawi Vihar, Shidra, Jammu
Presently posted as Senior Marketing Officer
Regional Office, Chandigarh.
15. Mr. Prakash B. Babannvar
S/o Shri Bharamappa Babannvar,
R/o A/901, Amrut Park Bldg. No. 7,
Near Khadakpada Circle, Kalyan (W):
Distt. Thane (Maharashtra) - 421 301
Presently, posted as Marketing Officer,
Sub Office, Nashik Road (Maharashtra)
16. Mr. Dayanand Venkataraman Naik
S/o Shri Venkataraman Naik
R/o Flat No. C-16, JBM Colony,
Coast Fatorarda, Margao, Goa.
Presently posted as Marketing Officer,
Sub Office, Goa.
17. Mr. Harish Katam
S/o Late Shri K. Veera Brahaman
R/o 283, Shri Venkateshwara Temple Road,
Swaroop Nagar, Balaji Enclave,
Uppal, Hyderabad - 39 (A.P.).
Presently posted as Marketing Officer,
Regional Office, Mumbai (Maharashtra)
18. Mr. Akshay Yakub
S/o. Shri A. Yakub
R/o F-167, Aakriti Eco City,
E-8-Extension, Bhopal (M.P.)
Presently posted as Marketing Officer,
Regional Office, Bhopal(M.P.)
19. Dr. Uma Shankar Shukla
SHILPI GUPTA S/o. Late Shri P.P. Shukla
SHILPI GUPTA 2026.04.18 R/o. H.No. 106, Type-3, Kendrachal Colony,
15:11:59+05'30'
Sector-K, Aliganj, Lucknow (U.P.).
Presently posted as Marketing Officer,
Regional Office, Lucknow (U.P.).
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Item No. 32 O.A. No. 3219/2015
Court No. V
20. Mr. P.B. Girdhar
S/o. Shri Mulk Raj Girdhar
R/o. 65/5, Plot No.7.
K.K. Govind Nagar, Kanpur (U.P.)
Presently posted as Marketing Officer.
Sub Office, Kanpur.
21. Dinesh Kumar
S/o. Late Shri Tirkha Singh
Presently posted as Senior Marketing Officer,
Regional Office,
Lucknow (U.P.).
...Applicants
(By Advocate(s): Mr. D S Chaudhary)
Versus
1. Union of India
Through the Secretary
Department of Agriculture and Co-operation,
Ministry of Agriculture,
Krishi Bhawan,
New Delhi-110 005.
2. The Agriculture Marketing Advisor
To the Govt. of India
Directorate of Marketing and Inspection,
Head Office, NH-4,
Faridabad (Haryana).
3. The Secretary
Department of Expenditure,
Ministry of Finance,
North Block,
New Delhi-110 001.
4. The Secretary,
Deptt. of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
Central Secretariat,
SHILPI GUPTA North Block,
SHILPI GUPTA 2026.04.18 New Delhi-110 001
15:11:59+05'30'
...Respondents
(By Advocate(s): Dr. Ch. Shamsuddin Khan)
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Item No. 32 O.A. No. 3219/2015
Court No. V
ORDER
Hon'ble Mr. Rajveer Singh Verma, Member (J) By way of the present Original Application, the applicant has prayed for the following reliefs:-
"8.1 The Respondents be directed to merge the pay scale of Marketing Officer (Gp-1) and (Gp-III) with the Pay scale of Marketing Officer (Gp-II) having the pre- revised pay scale of Rs.8000-275-13500 and status of Gp-, Gazetted (revised Pay Scale of Rs. 15600-39100 with GP of Rs.5400/-).
8.2 the order dated 17.04.2015 may be quashed. 8.3 Costs of the proceedings may be allowed. 8.4 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed."
2. Brief facts of the present case are that the applicants are working as Marketing Officers/Senior Marketing Officers (Gp-I and Gp-III) in the Directorate of Marketing & Inspection (DMI). They belong to Group "B" and Group "A" Gazetted posts under General Central Services. DMI is responsible for implementing agricultural marketing policies, quality control (AGMARK), and advisory services across India. Initially, Marketing Officers were divided into three groups (I, II, III) based on qualifications and commodity specialization, but performed similar duties and all the three groups had identical pay scales and service conditions until 2000.
SHILPI GUPTA SHILPI GUPTA 2026.04.18 15:11:59+05'30' 2.1. On 21.02.200, respondent no. 1 has upgraded the pay scale of Group-II category from Rs. 6500-10500 to 6 Item No. 32 O.A. No. 3219/2015 Court No. V Rs. 8000-13500, while Group-I and III remained on the lower scale. This created disparity despite similar nature of work, leading to claims of discrimination and violation of "equal pay for equal work." Further disparity arose after the 6th Pay Commission, where Group-II officers received higher grade pay and Group 'A' status. Applicants also lost parity with equivalent posts like Income Tax Officers and Central Excise Superintendents. Multiple representations were submitted by the applicants between 2010-2011 seeking pay parity, but no relief was granted. The applicants filed OA No. 3148/2012 before this Tribunal against such discrimination, which was disposed of on 07.07.2014 with a direction to the respondents to consider the claim of the aggrieved applicants and pass a reasoned and speaking order. Vide order dated 17.04.2015, the respondents have rejected to the claim of the applicant Aggrieved by continued discrimination, the applicants filed the present O.A. before the Tribunal seeking aforementioned reliefs.
3. Opposing the grant of relief, learned counsel for the respondents relied upon the averments contained in the SHILPI GUPTA SHILPI GUPTA 2026.04.18 counter affidavit. He submitted that the applicants' claim 15:11:59+05'30' of discrimination is incorrect and without merit. The 7 Item No. 32 O.A. No. 3219/2015 Court No. V Directorate of Marketing & Inspection (DMI) has three distinct cadres (Group I, II, III) based on functional requirements with separate Recruitment Rules and qualifications. Marketing Officers of Group-II possess specialized qualifications in Veterinary Science, unlike Group-I and III officers. Their duties involve technical work relating to meat, livestock products, and export quality control, which is distinct in nature. The higher pay scale of Group-II officers was recommended by the 5th Central Pay Commission as the post required Degree of Bachelor of Veterinary Science and Animal Husbandry with registration in the Veterinary Council of India as minimum essential qualification. They were also granted Non-Practicing Allowance (NPA), further justifying higher status and pay. Therefore, comparison with Group-I and Group-III officers is misplaced and legally untenable. 3.1. The 6th Central Pay Commission also maintained this distinction by granting higher pay band and grade pay to Group-II officers. The applicants' demand for "equal pay for equal work" is unfounded as duties, qualifications, and responsibilities differ. Comparisons with other services like Income Tax Officers or Central SHILPI GUPTA SHILPI GUPTA 2026.04.18 Excise Superintendents are irrelevant due to different 15:11:59+05'30' service conditions and recruitment methods. 8 Item No. 32 O.A. No. 3219/2015 Court No. V 3.2. Similarly, comparison with State Government employees is not valid as pay structures differ across jurisdictions. The applicants' request for anomaly removal was duly examined and rightly rejected by the competent authority. The impugned order dated 17.04.2015 is legal, reasoned, and in accordance with established rules and policies. Hence, the Original Application deserves to be dismissed as it lacks merit and violates no constitutional provisions.
4. We have heard learned counsel for the respective parties and perused the pleadings available on record. Analysis
5. Prior to 5th CPC the pay scales of Marketing Officer (Group - I), Marketing Officer (Group - II) and Marketing Officer (Group- III) were Rs. 2000-60-2300-EB-75-3200- 100-3500. After 5th CPC Marketing Officer (Group - I), and Marketing Officer (Group - III) were given the Pay Scale of Rs. 6500-200-10500/-, whereas Marketing Officer (Group - II) were placed in the pay scale of Rs. 8000-275-13500+NPA @ of 25% as the post required Degree of Bachelor of Veterinary Science and Animal Husbandary with registration in Veterinary Council of SHILPI GUPTA SHILPI GUPTA 2026.04.18 India as the Minimum essential qualifications 15:11:59+05'30' corresponding to the existing entry scale applicable to 9 Item No. 32 O.A. No. 3219/2015 Court No. V general duty Medical Officer and Dental Doctors under the Govt. of India.
6. Thereafter, when 6th CPC revised the pay scales of Marketing Officer (Group I & III) and granted them pay scale of Rs. 9300-34800/- (PB-2) with Grade Pay of 4200/- and the pay scale of Marketing Officer (Group II) was fixed in the band pay of 15600-39100/- in PB-3 with Grade Pay of 5400/- + NPA @ 25%. The Marketing Officers (Group I & III) submitted representations to enhance their Grade Pay from 4200/- to ₹4600/-. On the basis of the large number of references received from administrative Ministries / Departments proposing upgradation of the posts which were in pre-revised scale of 6500-10500/- as on 01.01.2006 by granting them Grade Pay of 4600/- in the Pay Band PB-2, the Department of Expenditure, Implementation Cell considered and decided that the posts which were in the pre-revised scale of 6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of 4200/- in the pay band PB-2, will be granted Grade Pay of 4600/- in the pay band PB- 2 corresponding to the pre-revised scale of 7450-11500/- SHILPI GUPTA w.e.f. 01.01.2006. Accordingly, Ministry of Finance, SHILPI GUPTA 2026.04.18 15:11:59+05'30' Department of Expenditure, Implementation Cell issued an O.M. No. 1/1/2008-IC, dated 13.11.2009, vide which 10 Item No. 32 O.A. No. 3219/2015 Court No. V the Govt. accepted the demand of the Marketing Officers (Group I & III) and granted Grade Pay of 4600/-. After their request for grant of grade pay of 4600/- was accepted, the applicants again submitted representation to enhance their grade pay and remove the anomaly in the pay scale. DAC examined their request as well as personal hearing from the group of employees observed that as per the recommendations of the 6th CPC on the subject there is no anomaly and therefore there is no case of removal of anomaly and decided that the case may not be referred to the Departmental Anomaly Committee (DAC).
7. Marketing Officer (Group II) (Livestock, Livestock Products and Animal Casings) have been given higher status and higher pay-scale at par with the entry grade applicable to General Duty Medical Officer and Dental Doctors under Government of India by virtue of the minimum essential qualification for the post of Marketing Officer (Group II) (Livestock, Livestock Products and Animal Casings) being comparable with the said Medical Officers.
8. It is also the case of the respondents that DMI still SHILPI GUPTA has a few posts of Marketing Cadre (Group II) (Livestock, SHILPI GUPTA 2026.04.18 15:11:59+05'30' Livestock Products and Animal Casings), there is no officer of this Cadre, Marketing Officer level or even 11 Item No. 32 O.A. No. 3219/2015 Court No. V higher level, now in DMI as the work/incumbents relating to Meat Food Product Order has been transferred from DMI to Ministry of Food Processing Industry. Only a few vacant posts relating to Marketing Cadre (Group II) (Livestock, Livestock Products and Animal Casings) are now existing in DMI and a proposal is under consideration for abolition of these posts. From this it appears that cadre of Marketing Officer (Group-II) was declared as dying cadre, as the respondents were in the process of abolition of the vacant posts.
9. The Hon'ble Supreme Court in the matter of State of Madhya Pradesh Vs. Pramod Bahrtiya (1993) 1 SCC 539 held that where equal pay has brought about a discrimination within the meaning of Article 14 of the Constitution of India, it will be a case of 'equal pay for equal work', as per the Article 14 of the Constitution. If the classification is proper and reasonable and has a nexus to the object sought to be achieved, the doctrine of 'equal pay for equal work' will not have any application even though the persons doing the same work are not getting doctrine of 'equal pay for equal work', as envisaged by Article 39 (d) of the Constitution, has no SHILPI GUPTA manner of application, nor it is enforceable in view of SHILPI GUPTA 2026.04.18 15:11:59+05'30' Article 37 of the Constitution.
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10. The principle of 'equal pay for equal work' held to be inapplicable in the area of professional service, the Hon'ble Supreme Court in the case of C., Girijamal (Dr) Vs. Government of Andhra Pradesh (AIR 1981 SC 1537). The Hon'ble Supreme Court in Sohan Singh Sodhi Vs. Punjab Electricity Board (2007) 5 SCC 528 has held that there is no discrimination when based on difference in educational qualification.
11. It is a settled law that as prerequisite for upholding the claim, the claimant's must not only establish that the nature of work is identical but also that there was no reasonable basis to treat them separately. Conclusion
12. On the basis of above factual & legal backdrop, we feels that the claim of the applicants to grant them pay parity with Marketing Officer (Group-II) is not made out for the following reasons:-
(i) The DMI has taken a policy decision to abolish the post of Marketing Officer (Group - II) thus the comparison with non-est post makes the O.A. infructuous.
(ii) The 5th CPC & 6th CPC recognised the factum of SHILPI GUPTA educational qualification for the post of Marketing SHILPI GUPTA 2026.04.18 15:11:59+05'30' Officer (Group-II) and the classification of that 13 Item No. 32 O.A. No. 3219/2015 Court No. V account is proper and reasonable and has a direct nexus to the object sought to the achieved.
(iii) Admittedly, the nature of job and qualification attached to the posts of Marketing Officer (Group- I) and Marketing Officer (Group-III) viz. a viz. to nature of job and qualification of Marketing Officer (Group-II) are distinct and are not similar in nature. Duties and responsibilities are also distinct. Therefore, the applicant cannot claim pay parity only on the basis of fact that pay scale of posts were similar prior to 5th CPC.
13. In view of the above, we do not find any merit in the present O.A. and the same is liable to be dismissed.
14. As a result present Original Application stands dismissed. Pending M.As, if any, stand disposed of. There shall be no order as to costs.
(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)
/SG/
SHILPI GUPTA
SHILPI GUPTA 2026.04.18
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